Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index

| Printed Page 5420, Apr. 28 | Printed Page 5440, Apr. 29 |

Printed Page 5430 . . . . . Thursday, April 28, 1994

Amend further, Section 4, Part IV, and Section 5, Part IV, by deleting /Division of Information Resource Technology/ on page 7, line 40, and on page 8, line 5, lines 8-9, and lines 14-15, and inserting /Office of Research and Statistics Information Resource Planning and Management/.

Amend title to conform.

Rep. McELVEEN explained the amendment.

The amendment was then adopted.

Reps. WOFFORD, CROMER, CLYBORNE and WILKES proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\CYY\16128AC.94), which was tabled.

Amend the joint resolution, as and if amended, by adding an appropriately numbered section to read:

/SECTION . (A) Notwithstanding any other provision of law, no family may receive Aid to Families with Dependent Children for more than thirty-six months unless the head of the household is:

(1) permanently or totally disabled, whether physical or mental;

(2) unable to obtain employment in the private sector because no job for which the person is qualified is available but the person is working forty hours per week in a volunteer public sector community placement;

(3) providing full time care to a disabled dependent in the home; or

(4) unemployed because Work Support program services including, but not limited to, transportation or child care are not available to assist the person in becoming self-sufficient.

Evidence of the exceptions to the thirty-six month benefit limit as enumerated in this subsection must be provided to the department in the manner and form as the department may require.

(B) The Department of Social Services shall apply for a waiver to implement the provisions of subsection (A).

(C) Using funds currently appropriated in the 1994-95 General Appropriations Act for the Department of Social Services JOBS Program, the Department shall contract with the State Budget and Control Board to conduct a study to determine the savings in state funds that will be realized by limiting Aid to Families with Dependent Children benefits to thirty-six months, as provided for in subsection A, and shall report to the House Ways and Means Committee and the Senate Finance Committee on or before June 30, 1995, and any savings realized from this limitation must


Printed Page 5431 . . . . . Thursday, April 28, 1994

be appropriated to the department to expand and enhance its JOBS Program.

(D) This section takes effect July 1, 1994, and applies to families who apply for Aid to Families with Dependent Children benefits after June 30, 1994, and upon recertification to families receiving or who have been determined eligible to receive Aid to Families with Dependent Children as of July 1, 1994./

Renumber sections to conform.

Amend title to conform.

Rep. WOFFORD moved to table the amendment, which was agreed to.

Rep. FAIR proposed the following Amendment No. 4 (Doc Name

L:\council\legis\amend\DKA\3405JM.94), which was rejected.

Amend the joint resolution, as and if amended, page 6, by striking line 22 and inserting:

/comprehensive family planning and prenatal care for Medicaid clients, provided, however, that no state funds shall be used under any circumstances anywhere in this State, either directly or indirectly, to pay the costs of an abortion for any person./

Amend title to conform.

Rep. FAIR explained the amendment.

POINT OF ORDER

Rep. WALDROP raised the Point of Order that Amendment No. 4 was out of order as it was not germane.

Rep. FAIR argued contra the Point.

Rep. SHISSIAS stated that it was as germane to the Joint Resolution as some of the other issues.

The SPEAKER stated that it was germane to the section added and he overruled the Point of Order.

Rep. MOODY-LAWRENCE moved to table the amendment.

Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:

Yeas 30; Nays 55



Printed Page 5432 . . . . . Thursday, April 28, 1994

Those who voted in the affirmative are:
Askins           Beatty           Breeland
Brown, J.        Carnell          Cobb-Hunter
Farr             Govan            Hines
Houck            Inabinett        Jennings
Keyserling       Kirsh            McAbee
McElveen         McMahand         McTeer
Moody-Lawrence   Neal             Phillips
Rogers           Rudnick          Scott
Snow             Stille           Waites
Waldrop          Whipper          Wilder, D.

Total--30

Those who voted in the negative are:

Alexander, M.O.  Alexander, T.C.  Allison
Bailey, J.       Baker            Barber
Baxley           Brown, H.        Cato
Chamblee         Clyborne         Cooper
Cromer           Davenport        Delleney
Fair             Gamble           Gonzales
Graham           Hallman          Harrell
Haskins          Holt             Huff
Hutson           Jaskwhich        Keegan
Kelley           Klauber          Koon
Lanford          Littlejohn       Marchbanks
Martin           Mattos           McKay
Meacham          Riser            Robinson
Sharpe           Shissias         Simrill
Smith, D.        Smith, R.        Stone
Stuart           Vaughn           Walker
Wells            Wilkins          Witherspoon
Wofford          Worley           Wright
Young, A.

Total--55

So, the House refused to table the amendment.

Reps. McELVEEN and SHISSIAS spoke against the amendment.

Rep. FAIR spoke in favor of the amendment.


Printed Page 5433 . . . . . Thursday, April 28, 1994

The question then recurred to the adoption of the amendment.

Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:

Yeas 48; Nays 49

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Allison
Baker            Baxley           Brown, H.
Cato             Chamblee         Clyborne
Cooper           Corning          Davenport
Delleney         Fair             Gonzales
Graham           Hallman          Harrell
Haskins          Huff             Hutson
Jaskwhich        Keegan           Kelley
Klauber          Koon             Lanford
Littlejohn       Marchbanks       Meacham
Quinn            Riser            Robinson
Sharpe           Sheheen          Simrill
Smith, D.        Smith, R.        Stone
Sturkie          Vaughn           Walker
Wells            Wilkins          Witherspoon
Wofford          Wright           Young, A.

Total--48

Those who voted in the negative are:

Anderson         Askins           Bailey, J.
Barber           Beatty           Breeland
Brown, J.        Canty            Carnell
Cobb-Hunter      Cromer           Farr
Gamble           Govan            Harrelson
Harris, J.       Hines            Holt
Houck            Inabinett        Jennings
Keyserling       Kinon            Kirsh
Law              Martin           Mattos
McAbee           McCraw           McElveen
McMahand         McTeer           Moody-Lawrence
Neal             Phillips         Richardson
Rogers           Rudnick          Scott
Shissias         Snow             Stille

Printed Page 5434 . . . . . Thursday, April 28, 1994

Stoddard         Tucker           Waites
Waldrop          Whipper          Wilder, D.
Worley

Total--49

So, the amendment was rejected.

LEAVE OF ABSENCE

The SPEAKER granted Rep. CANTY a leave of absence for the remainder of the day.

Rep. NEILSON proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\GJK\20886SD.94), which was adopted.

Amend the joint resolution, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION . Section 20-7-420 of the 1976 Code, as last amended by Act 441 of 1992, is further amended by adding an appropriately numbered item to read:

"( ) To require a parent or custodian of a child who receives child support on behalf of a child to submit to the parent paying the support or to the court, or both, at such times as the court requires an accounting of expenditures made from the child support received and such evidence of these expenditures as the court requires."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. NEILSON explained the amendment.

The amendment was then adopted.

Rep. HUTSON proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\GJK\20887DW.94), which was tabled.

Amend the joint resolution, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION . A. Section 43-5-65(a) of the 1976 Code is amended by adding at the end:

"(3) agree to repay the State the aid to families with dependent children that the recipient receives with repayment to begin after eighteen months have elapsed since the last benefit is paid; at the time the last benefit is paid to a recipient, the department shall provide the recipient with the total amount of benefits paid, a repayment amount and schedule based on the


Printed Page 5435 . . . . . Thursday, April 28, 1994

family size and an income at one hundred and twenty-five percent of the federal poverty level, the date on which payments are to begin, which will be eighteen months from the last payment made, when payments will be completed, and circumstances warranting and procedures for requesting a temporary waiver; the recipient shall begin making these payments eighteen months after the last benefit payment is made to the recipient, unless the recipient requests a temporary waiver which must be granted if the recipient's income is not at least one hundred twenty-five percent of the federal poverty level or if there are extenuating circumstances such that repayment under the terms provided would place an undue hardship on the former recipient; instead of granting a temporary waiver, the department may modify the amount or terms of payment; if a temporary waiver is granted the department shall review the matter in three months and every three months thereafter so long as the waiver is in effect; by accepting aid to families with dependent children a recipient is considered to have agreed to repay the State pursuant to the provisions of this item and regulations promulgated under this item for the benefits the recipients receive. The department may employ those legal means necessary to ensure the collection of the payments owed under this item."

B. The payments the State Department of Social Services receives pursuant to Section 43-5-65(a) must be remitted to the General Fund of the State but must be dedicated to providing early intervention services for children and their families who are at risk for being recipients of aid to families with dependent children.

C. The amendments to Section 43-5-65(a), as contained in Section 1 of this act, apply to recipients who apply or reapply or who are reinstated for aid to families with dependent children on or after this act's effective date and apply only to benefits paid on or after this act's effective date.

D. The Department of Social Services shall apply to the federal government for a waiver allowing the department to retain matching federal funds as a result of the enactment of this section and for the purposes of this section./

Renumber sections to conform.

Amend totals and title to conform.

Rep. HUTSON explained the amendment.

Rep. COBB-HUNTER moved to table the amendment, which was agreed to.

The Joint Resolution, as amended, was read the second time and ordered to third reading.


Printed Page 5436 . . . . . Thursday, April 28, 1994

H. 4837--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. COBB-HUNTER, with unanimous consent, it was ordered that H. 4837 be read the third time tomorrow.

Rep. JENNINGS moved that the House do now adjourn.

Rep. KLAUBER demanded the yeas and nays, which were taken resulting as follows:

Yeas 50; Nays 46

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Anderson
Askins           Bailey, J.       Baxley
Beatty           Breeland         Brown, J.
Byrd             Canty            Carnell
Chamblee         Cobb-Hunter      Corning
Fair             Farr             Govan
Harrelson        Harris, J.       Hines
Holt             Houck            Jaskwhich
Jennings         Keyserling       Kinon
Kirsh            Koon             Martin
Mattos           McAbee           McCraw
McElveen         McKay            McMahand
McTeer           Moody-Lawrence   Neal
Neilson          Phillips         Rudnick
Scott            Sheheen          Stille
Stoddard         Sturkie          Waites
Waldrop          Wilder, D.

Total--50

Those who voted in the negative are:

Allison          Baker            Barber
Brown, H.        Cato             Clyborne
Cooper           Cromer           Davenport
Delleney         Gamble           Gonzales
Graham           Hallman          Harrell
Harrison         Harwell          Haskins
Inabinett        Keegan           Kelley
Klauber          Lanford          Law
Littlejohn       Marchbanks       Meacham

Printed Page 5437 . . . . . Thursday, April 28, 1994

Quinn            Richardson       Riser
Robinson         Rogers           Sharpe
Shissias         Simrill          Smith, R.
Snow             Stone            Stuart
Vaughn           Walker           Wells
Witherspoon      Wofford          Worley
Wright

Total--46

So, the motion to adjourn was agreed to.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 5176 -- Reps. McLeod, Keegan, Quinn and Shissias: A CONCURRENT RESOLUTION COMMENDING THE COLLEGE OF CRIMINAL JUSTICE OF THE UNIVERSITY OF SOUTH CAROLINA FOR TWO DECADES OF OUTSTANDING SERVICE TO THE FIELD OF CRIMINAL JUSTICE IN THE PALMETTO STATE, AND ENCOURAGING THE COLLEGE TO KEEP UP ITS GOOD WORK.

H. 5177 -- Reps. Scott, J. Brown, Neal, Byrd, Shissias, Waites, Quinn, Harrison, Corning and Rogers: A CONCURRENT RESOLUTION TO RECOGNIZE THE BOOKER T. WASHINGTON HIGH SCHOOL CLASS OF 1944 AS THEY GATHER IN CELEBRATION OF THEIR FIFTIETH HIGH SCHOOL REUNION JUNE 10, 1994, AND TO WISH THEM A SUCCESSFUL AND ENJOYABLE REUNION AND BEST WISHES FOR THE FUTURE.

H. 5178 -- Rep. Anderson: A CONCURRENT RESOLUTION CONGRATULATING DR. NORMAN P. PEARSON, SR., ON HIS SILVER ANNIVERSARY AS PASTOR OF NEW PROSPECT MISSIONARY BAPTIST CHURCH OF WILLIAMSTON.


Printed Page 5438 . . . . . Thursday, April 28, 1994

ADJOURNMENT
At 2:55 P.M. the House in accordance with the motion of Rep. R. YOUNG adjourned in memory of Patricia Kelly of Charleston, to meet at 10:00 A.M. tomorrow.

* * *

Printed Page 5439 . . . . . Friday, April 29, 1994

Friday, April 29, 1994
(Local Session)

Indicates Matter Stricken Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

God of all goodness, the Help of our present and the Hope of our future, ere we begin the challenges of this day we invoke Your blessings upon us throughout this day and every day. Help us to meet our duties with understanding, our difficulties with fortitude, and our differences with fairness. Reveal to us the path in which we should walk, and give us the determination to walk in it. So as we stand before this altar of prayer, we ask that Your wisdom may make us wise, Your strength may make us strong and Your forgiveness may make us forgiving.

We pray in our Master's Name. Amen.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

S. 1347 -- Senator Peeler: A BILL TO ENACT THE CHEROKEE COUNTY SCHOOL DISTRICT 1 SCHOOL BOND-PROPERTY TAX RELIEF ACT.

SENT TO THE SENATE

The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.

H. 4864 -- Rep. Richardson: A BILL TO AMEND SECTION 59-17-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERATION OR DIVISION OF SCHOOL DISTRICTS, SO AS TO PROVIDE THAT IF CERTAIN PETITION REQUIREMENTS ARE SATISFIED, THE COUNTY BOARD OF EDUCATION IS REQUIRED TO ALTER OR DIVIDE THE SCHOOL DISTRICTS CONCERNED IN THE MANNER STIPULATED IN THE PETITION,


Printed Page 5440 . . . . . Friday, April 29, 1994

AND TO PROVIDE THAT IF CERTAIN OTHER PETITION REQUIREMENTS ARE SATISFIED, THE COUNTY BOARD OF EDUCATION IS REQUIRED TO CALL THE REFERENDUMS CONCERNING THE ALTERATION OR DIVISION OF THE AFFECTED SCHOOL DISTRICTS, AND IF THE RESULTS OF THE REFERENDUMS ARE FAVORABLE IN EACH OF THE SCHOOL DISTRICTS, THE COUNTY BOARD OF EDUCATION IS REQUIRED TO ALTER OR DIVIDE THE SCHOOL DISTRICTS IN THE MANNER STIPULATED.


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